EUDPR· Article 39
Text
Article 39 EUDPR as printed in the Council text of 22 October 2026
Data protection impact assessment
Source Council, 22 October 2026. Article 39: ST 14756/26, page 156 · exact text page
Scope This text prints Article 39(4), Article 39(5), Article 39(6) only.
Article 39(4)
The lists, the template and methodology referred to in Article 35 of Regulation (EU) 2016/679 should apply to the processing of personal data under this Regulation.
Article 39(5)
The Council draft deletes this provision and supplies no replacement wording. Open the official source to read the instruction in context.
The amending passage as printed
(b) Paragraphs 5 and 6 are deleted.
Article 39(6)
The amending passage as printed
(b) Paragraphs 5 and 6 are deleted.
The Council text of 2 October 2026 (ST 13886/26) has a record for Article 39(5) without wording to compare; see its Article 39.
The Council text of 2 October 2026 (ST 13886/26) has a record for Article 39(6) without wording to compare; see its Article 39.
How each paragraph has changed
| What each text would do to the law in force | |||||||
|---|---|---|---|---|---|---|---|
| Paragraph | Commission19 Nov 2025 | Council10 Jun 2026 | Council18 Jun 2026 | Council3 Sep 2026 | Council2 Oct 2026 | Council22 Oct 2026 | Parliamentamendments |
| Compared with | law in force | the proposal | 10 Jun text | 18 Jun text | 3 Sep text | 2 Oct text | |
| 4Paragraph 4 | Amends Rewritten | Amends , changed since the proposal Changed | No change , back to the law in force since 10 Jun Back to law in force | No change Unchanged | Amends , rewritten since 3 Sep Rewritten | Amends Unchanged | 4 |
| 5Paragraph 5 | Deletes Deleted | Deletes Unchanged | No change , back to the law in force since 10 Jun Back to law in force | No change Unchanged | Deletes , deleted since 3 Sep Deleted | Deletes Unchanged | 1 |
| 6Paragraph 6 | Deletes Deleted | Deletes Unchanged | No change , back to the law in force since 10 Jun Back to law in force | No change Unchanged | Deletes , deleted since 3 Sep Deleted | Deletes Unchanged | 0 |
Each text against the law in force: ~Amends amends the law in force−Deletes deletes a provision of the law in force=No change leaves the law in force as it is changed from the text before
Each text against the text before it: ~Changed wording changed~Rewritten under half the earlier wording survives−Deleted deletes a provision of the law in force↩Back to law in force drops the text before’s change to the law in force=Unchanged same as the text before
What each text does
- 19 Nov 2025 Commission proposalCOM(2025) 837 Amends Amends paragraph 4 and deletes paragraphs 5 and 6. Article 39 in this text
- 10 Jun 2026 Council textST 10426/26 Changed Changes paragraph 4. Article 39 in this text
- 18 Jun 2026 Council textST 10677/26 Back to law in force Takes paragraphs 4 to 6 back to the law in force. Article 39 in this text
- 22 Jun 2026 ITRE–LIBE draft report · Aura Salla and Marina Kaljurand (rapporteurs)CJ72-PR-786818 1 amendment to this article. Amendments in this document
- 16 Jul 2026 IMCO amendments 329–532 to the draft opinionIMCO-AM-791061 1 amendment to this article. Amendments in this document
- 27 Jul 2026 ITRE–LIBE amendments 1565–1740 to the draft reportCJ72-AM-791874 3 amendments to this article. Amendments in this document
- 3 Sep 2026 Council textST 12535/26 Unchanged Same as the text before. Article 39 in this text
- 2 Oct 2026 Council textST 13886/26 Changed Rewrites paragraph 4 and deletes paragraphs 5 and 6. Article 39 in this text
- 22 Oct 2026 Council textST 14756/26 Unchanged Same as the text before. Article 39 in this text
Paragraph 4
Rewritten by the Commission · changed by the Council on 10 June · back to the law in force on 18 June · rewritten on 2 October
Parliament amendments 4
4 propose alternative wording.
| Type | Renew | ECR | PfE | Rapporteur |
|---|---|---|---|---|
| ~ Alternative | 1 | 1 | 2 | 1 |
By political group
- ~ Alternative Renew 1 ECR 1 PfE 2 Rapporteur 1
74 ~Alternative Aura Salla and Marina Kaljurand (rapporteurs)Rapporteurs · ITRE–LIBE “The lists, the template and methodology established by the Board and referred to in paragraph 6a of Article 35 of Regulation (EU) 2016/679 should…”
4. The lists, the template and methodology
adoptedestablished by theCommissionBoard and referred to in paragraph 6a of Article 35 of Regulation (EU) 2016/679 should apply to the processing of personal data under this Regulation.- Rapporteurs
- Aura Salla and Marina Kaljurand
- Group
- Rapporteurs
- Targets
- EUDPR Article 39(4)
- Document
- ITRE–LIBE draft report
- Source
- Official text, page 49
- Printed header
- Article 4 – paragraph 1 – point 9 – point a / Regulation (EU) 2018/1725 / Article 39 – paragraph 4
495 ~Alternative Virginie JoronPfE · IMCO “without prejudice to the right of the national supervisory authorities to draft their own guidelines, standards and lists, which shall be taken into…”
4. The lists, the template and methodology adopted by the Commission and referred to in paragraph 6a of Article 35 of Regulation (EU) 2016/679 should apply to the processing of personal data under this Regulation, without prejudice to the right of the national supervisory authorities to draft their own guidelines, standards and lists, which shall be taken into account by the Board and the Commission.
- Tabled by
- Virginie Joron
- Group
- PfE
- Targets
- EUDPR Article 39(4)
- Document
- IMCO amendments 329–532 to the draft opinion
- Printed header
- Article 4 – paragraph 1 – point 9 – point a / Regulation (EU) 2018/1725 / Article 39 – paragraph 4
1703 ~Alternative Julie Rechagneux +7ECR, PfE · ITRE–LIBE “without prejudice to the right of the national supervisiory authorities to develop their own guidance, standards and lists, which the Board and the…”
4. The lists, the template and methodology adopted by the Commission and referred to in paragraph 6a of Article 35 of Regulation (EU) 2016/679 should apply to the processing of personal data under this Regulation, without prejudice to the right of the national supervisiory authorities to develop their own guidance, standards and lists, which the Board and the Commission shall take into account.
- Tabled by
- Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
- Group
- ECR, PfE
- Targets
- EUDPR Article 39(4)
- Document
- ITRE–LIBE amendments 1565–1740 to the draft report
- Printed header
- Article 4 – paragraph 1 – point 9 – point a / Regulation (EU) 2018/1725 / Article 39 – Paragraph 4
1704 ~Alternative Irena Joveva +5Renew · ITRE–LIBE “established and made public”
4. The lists, the template and methodology
adoptedestablished and made public by theCommissionBoard and referred to in paragraph 6a of Article 35 of Regulation (EU) 2016/679 should apply to the processing of personal data under this Regulation.- Tabled by
- Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller
- Group
- Renew
- Targets
- EUDPR Article 39(4)
- Document
- ITRE–LIBE amendments 1565–1740 to the draft report
- Source
- Official text, page 122
- Printed header
- Article 4 – paragraph 1 – point 9 – point a / Regulation (EU) 2018/1725 / Article 39 – paragraph 4
Paragraph 5
Deleted by the Commission · back to the law in force on 18 June · deleted by the Council on 2 October
Parliament amendments 1
1 would delete the wording.
1705 −Deletion Pernando Barrena Arza +1The Left · ITRE–LIBE Deletes the Commission’s wording
(b) Paragraphs 5 and 6 are deleted.- Tabled by
- Pernando Barrena Arza, João Oliveira
- Group
- The Left
- Targets
- EUDPR Article 39 – paragraphs 5 and 6
- Document
- ITRE–LIBE amendments 1565–1740 to the draft report
- Source
- Official text, page 122
- Printed header
- Article 4 – paragraph 1 – point 9 – point b / Regulation (EU) 2018/1725 / Article 39 – paragraphs 5 and 6
Paragraph 6
Deleted by the Commission · back to the law in force on 18 June · deleted by the Council on 2 October